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Limerick Killer Wayne Dundon Attacks Tipperary Jailed Inmate.

Mr Wayne Dundon

Limerick murderer and drug dealer Mr Wayne Dundon has been detained on the punishment landing of Portlaoise Prison. Mr Dundon was transferred from Mountjoy jail following a fight with fellow 27 year old Tipperary prison inmate Mr Stephen Coveney Ryan on Monday morning, July 10th last.

The fight we understand, which turned into a mass brawl, saw a blade being produced; forcing prison staff to immediately intervene. The brawl ended with four prison staff being hospitalised with non serous slash wounds, while Mr Coveney Ryan, is understood to have sustained a slash wound to his neck, requiring some 20 stitches.

An Garda Síochana were notified following the event, which prevents the Irish Prison Service from further commenting on their ongoing investigation.

Mr Dundon is regarded as one of the most volatile prisoners ever, within the current prison system, and is serving a life sentence since 2014, for the murder of innocent Limerick business man and arcade owner Mr Roy Collins, back in 2009. Mr Dundon is regularly caught in posession of mobile phones, using same reportedly to mastermind plans, from behind bars, to regain his control of the drugs trade on the south side of Limerick City. On arrival at Portlaoise prison, not surprisingly, he failed a high security metal test and is suspected to be carrying a mobile phone internally.

Tipperary man Mr Coveney Ryan is currently serving a four year sentence, having pleaded guilty to trying to choke his pregnant girlfriend and threatening to chop her up, after she refused to eat a meal he had cooked.

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New Bill Strengthening Laws Around Consent & Court Character References Published.

  • ‘Honest belief’ that a victim had given consent will no longer be a defence in rape cases.
  • Character references must be given on oath or via affidavit in sexual offence trials.
  • Bill delivers on key reforms in ‘Supporting a Victim’s Journey’ to improve the criminal justice system for victims.
  • Establishment of new coordination framework to help victims of human trafficking.

The Minister for Justice, Mrs Helen McEntee TD, has secured Government approval to publish a wide-ranging new Bill that strengthens the law around sexual offences and improves protections for victims of sexual offences and of human trafficking.

Among the main provisions of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 is a strengthening of the law in relation to consent. At present, a person can be found not guilty of rape if they honestly, but mistakenly, believed that they had the consent of the victim.

The law is subjective. In effect, the alleged perpetrator can claim they are not guilty of rape, because they honestly but mistakenly believed they had consent. This new Bill from Minister McEntee, is a key element of her Zero Tolerance Plan to tackle Domestic, Sexual and Gender Based Violence will change this. The question now will be whether the belief is one that a reasonable person would have held in the circumstances, rather than whether such belief was honestly held. This belief must be objectively reasonable rather than subjective.

Where the question of reasonable belief arises in a trial, the jury must have regard to the steps, if any, taken by the accused to ascertain whether the victim consented to the intercourse.

Minister McEntee said: “One of my key priorities as Minister for Justice is tackling domestic, sexual and gender-based violence and better supporting and protecting victims of crime.
The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 is a key piece of legislation to deliver on these priorities.
It will strengthen the law around consent in rape cases, requiring that an alleged perpetrator must have ‘reasonably believed’ that they had consent and removing the current defence of ‘honest belief’. A subjective belief that a person had consent should not be sufficient to be used a defence.
This is in line with recommendations of the Law Reform Commission.”

Another change in this Bill is strengthening protections for victims as regards character references in sexual offence trials, another commitment from Minister McEntee’s Zero Tolerance plan.
This Bill will provide that if a person wants to give a character reference for someone who has been convicted of a sexual offence at their sentencing hearing, the reference must be given on oath or via affidavit.
Currently if a witness is called to court to provide character evidence, this evidence is given under oath.
However, written testimonials are not sworn. Minister McEntee’s Bill provides that when a person has been convicted of a sexual offence, character references presented at sentencing must be made via oath or affidavit. This will ensure that the person providing the reference swears to the veracity of their statement and can be called before the court for cross examination. In effect, it will mean character reference letters will no longer be able to be read out in court unchallenged, if warranted.
The purpose of including this provision in the Bill is to protect the victims of sexual crimes from further traumatisation during the sentencing hearing.

The Minister has now received Cabinet approval for these changes, and she has also worked with Senators Regina Doherty, Lisa Chambers and Pauline O’Reilly on the issue.

Minister McEntee further stated: “The use of character references can often cause further trauma for victims and it is clear to me that we need stronger rules around how they can be used in court.
This legislation will introduce a requirement for character references in sexual offences cases to be made under oath or affidavit, rather than by an unsworn letter to the Court.
This means that the person who provides the character reference can be cross examined if necessary.”

The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 will also deliver on key reforms in ‘Supporting a Victim’s Journey’ to improve the criminal justice system for victims.

  • These include:
  • Separate legal representation for victims of sexual assault if there is an application to question them on their previous sexual experience;
  • If this application is granted, the barrister representing the victim will continue to represent the victim during the questioning;Ensuring anonymity for victims in all trials for sexual offences;
  • Providing anonymity for the accused for certain sexual offences;
  • Updating the definitions for publish and broadcast;
  • Repeal of statutes that provide that the verdict or decision in trials be announced in public.

Minister McEntee said: “We are delivering a number of the recommendations from the O’Malley report relating to legal representation for victims if there is an application to cross-examine a victim about their previous sexual history in sexual offence trials and including ensuring victim anonymity in all trials for sexual offences.
These are all issues that we know can further victimise, re-traumatise and deny justice to survivors of sexual assault, and I determined to see these important protections legislated for introduced as soon as possible.”

The new legislation will also implement recommendations by the Defence Forces Independent Review Group (IRG). The IRG recommended amendments to the Defence Act 1954 to ensure that persons subject to military law who commit sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial. This Bill gives effect to those amendments.

The Bill will also put a revised National Referral Mechanism (NRM) in place for identification and support of victims of human trafficking.

The National Referral Mechanism is the framework through which the State identifies and supports victims of human trafficking. At the moment, An Garda Síochána is solely responsible for identifying victims of human trafficking.

Under the new NRM, multiple other relevant Departments and agencies will be designated as competent authorities to identify victims and will also allow civil society organisations supporting victims of trafficking to be designated as Trusted Partners.

Minister McEntee continued: “This new approach will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support.
The reality is that some victims of trafficking, because of interactions they may have had with law enforcement officials in other jurisdictions, have a perception that police cannot be trusted. This may prevent them from identifying themselves to An Garda Síochána as victims, ultimately limiting their access to supports and justice.
The new approach acknowledges other State bodies – outside of An Garda Síochána – and NGOs have a role in identifying victims of human trafficking and referring them to the NRM, through which identified victims can get the necessary supports.”

The published Bill will now be presented to the Houses of the Oireachtas, where it will be debated.

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Male, With Thurles Address, Accused Of Murder.

Accused is alleged to have brought sofa down on head of his mother’s intoxicated partner, causing his death.

The deceased man, Mr Jonathan (John) Ustic, a native of the UK, had been located dead, on September 24th 2017 last, in a rented terraced house, situated at No 51, High Street, Skibbereen, Co. Cork.

Mr Andrew Nash, latter aged 43 years, and formerly holding an address in Thurles, Co Tipperary, pleaded not guilty to the charge of murdering Mr Ustic.

It was alleged that a sofa was lifted and brought down repeatedly on the head of the 51-year-old man, who was lying defenceless on the floor of his rented residence, thus leading to his eventual death.

Senior Counsel for the Prosecution, Mr Seán Gillane presented a jury of seven men and five women with an outline of the allegations in the case, same being made against the accused in the trial held at the Central Criminal Court, presently sitting in Cork, presided over by Mr Justice Michael McGrath.

The late Mr Ustic had been living with his long-term partner Ms Suzanne Fenton, who has sadly also since died. Latter was the mother of the now accused Mr Andrew Nash.

On Sunday 24th, the accused had received a phone call from his mother. On entering her place of residence Mr Nash, it was alledged, had gone upstairs and physically struck Mr Ustic a number of blows, causing an injury to his cheek. The parties in the house left sometime after that, before returning to High Street, Skibbereen, Co. Cork at 7.40pm; with the late Mr Ustic having consumed a considerable amount of alcohol. Mr Ustic was pulled violently out of the car, striking his head off the ground in the carpark area, as a result of which he suffered further injury. He was left abandoned in a prone position on the carpark grounds, causing passers-by certain concerns, before being carried into the house, apparently insensible, by Mr Nash and a companion Mr Gillane.

According to Mr Gillane, Mr Nash attacked Mr Ustic while he was on the ground. He stamped on his face, sliced his ear with a broken bottle, beforen lifting a sofa that the defenceless Mr Ustic was lying next to, bringing it down repeatedly on the now deceased mans head and chest area.

On the Monday morning following the alleged assaults, which had occurred on the previous evening, the alarm was raised. Emergency services, on arrival, pronounced Mr Ustic dead at the scene.

The cause of death was described, following an autopsy report, as caused by blunt force trauma to the head, neck and chest, with acute intoxication also being a contributory factor.

When interviewed later by Gardaí, Mr Nash accepted that he had given the deceased a couple of slaps, but denied inflicting the injuries that had brought about his death.

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Passage Of Bill Giving Effect To Major Reforms In How Judges Are Appointed, Welcomed.

Minister for Justice Mrs Helen McEntee TD has welcomed the passage of the Judicial Appointments Commission Bill 2022 through its final stages in Seanad Éireann.

The Bill, when enacted, will lead to the biggest reform in how judges are appointed in a quarter of a century, through the establishment of a new Judicial Appointments Commission.

The Commission will replace the Judicial Appointments Advisory Board (JAAB) and will recommend persons for appointment as judges by the President on the advice of the Government under the Constitution.

It will also recommend persons for nomination by the Government to international courts outside the State.

Minister McEntee said: “This represents an important step forward in the reform of the judicial appointments process, as committed to in my Justice Plan 2023. The recognised excellence of our judges and judiciary will be further enhanced by the provisions of this Bill, which introduces a new recommendation and appointments process and ensures that judicial selection is conducted in a modern, open and transparent way.  The new legislation will ensure that anyone who wishes to be considered for appointment to judicial office, including serving judges, will apply to the Commission and undergo the same application and interview processes. Furthermore, the establishment of a new, independent Judicial Appointments Commission will ensure that the selection of nominees for judicial office will be through fair and open competition from the widest range of possible candidates. This Bill follows a substantial process of consultations, in particular with the Attorney General, the European Commission and the Chief Justice. It also takes into account key aspects of a comprehensive pre-legislative scrutiny report prepared by an Oireachtas Committee.”

The Chief Justice will chair the Commission, which will comprise of an equal number of lay members and judge members.

In addition, the Bill provides for the following:

  • Three persons will be recommended for a vacancy and an additional two recommendations for a second and additional vacancy (e.g. seven recommendations for three vacancies).
  • Any person who is to be recommended to the Minister should have been interviewed, and therefore the Minister has provided accordingly.
  • The Bill contains a requirement for the Commission to publish a Diversity statement relating to the objective that membership of the judiciary should reflect the diversity of the population as a whole.
  • A provision has also been inserted in the Bill that requirements for judicial appointment will reflect the need for candidates to undergo judicial training or continuous professional development.

Minister McEntee added: “The enactment of this legislation will enable the continued appointment of excellent judges, which are a cornerstone of a strong, independent judiciary This independence is important in ensuring public confidence in the courts to uphold the law. I look forward to working with all members of the Houses of the Oireachtas to bring this legislation to enactment as soon as possible.”

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Passage of Bill, Giving Effect To Insurance Reforms, Welcomed.

  • Passage of Bill, Giving Effect To Insurance Reforms, Welcomed.
  •  Occupiers’ Duty of Care laws changed with Courts and Civil Law (Miscellaneous Provisions) Bill 2023.

Minister for Justice Mrs Helen McEntee TD and Minister of State for Law Reform Mr James Browne have both welcomed the passage of the ‘Courts and Civil Law (Miscellaneous Provisions) Bill 2023,’ through its final stages in Dáil Éireann.

The Bill includes a range of reforms, including duty of care legislation – a key insurance reform measure.

It will amend the Occupiers’ Liability Act 1995, in relation to the duty of care and is an important part of the government’s Action Plan, on Insurance Reform.

The changes will ensure that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of the personal responsibility of visitors, recreational users and trespassers.

The Courts and Civil Law (Miscellaneous Provisions) Bill 2023 has now been passed by both Houses and will be referred to the President of Ireland, to be signed into law.

It also contains other, wide-ranging legislative amendments to help improve access to justice and make civil processes more efficient, streamlined and people-centred.

These include measures on bankruptcy, legal services, data protection, naturalisation and Irish citizenship, as well as reforms to occupiers’ liability.

Minister McEntee said: “These measures strike a new and reasonable balance between the responsibilities of the owner or operator of a premises to keep their customers and visitors safe, and what individuals themselves must do when entering a business, club or community building for example. The passage of this legislation marks an important step in our efforts to make insurance more available and cheaper.”

Minister Browne said: “This legislation has brought forward a number of  important law reforms, across a broad range of areas. The legislation extends it’s  influence to various aspects of individuals’ lives and has the potential to create positive and tangible differences.”

The Bill contain four key developments regarding Occupiers’ Duty of Care:

  • Inserting into primary law a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users.
  • Changing the standard to clarify that when the occupier of a property has acted with reckless disregard for a visitor or customer, it is the standard of reckless disregard rather than reasonable grounds which should apply in relation to any consideration of liability.
  • Limits to the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence.
  • Allowing for a broader range of scenarios where it can be shown that a visitor or customer has voluntarily assumed a risk resulting in harm.

Minster McEntee added: “I am committed to improving access to justice for everyone and making our civil processes more efficient, streamlined and people-centred. This bill addresses a number of issues that may pose obstacles to achieving justice in personally challenging legal processes such as bankruptcy, and the judicial complaints process. The updates will also introduce measures to increase efficiencies in the naturalisation process and reduce delays for people waiting to become Irish citizens. I am delighted that this bill has passed through the Houses of the Oireachtas and would like to thank all of the officials who have worked hard to bring this complex, but important piece of legislation to fruition.”

The Courts and Civil Law (Miscellaneous Provisions) Bill 2023 also contains amendments to matters including Irish nationality and citizenship, court offices, bankruptcy, international protection, data protection, immigration and legal services.

Legislation governing the granting of Irish citizenship will be changed. The period of time a non-Irish child born in Ireland must wait before they can be naturalised will be reduced from five to three years.

Numerous changes will be made to legislation relating to the Courts and Court officers, all of which are designed to introduce further efficiencies into the operation of the Court Service. One example is the creation of a centralised office to administer the summoning of juries, in addition to enabling the Courts Service to designate any court office as a centralised office for the purpose of carrying out specified court business.

Minister Browne added: “Along with Minister McEntee, I am very pleased that this bill has now completed its passage through the Houses of the Oireachtas. This legislation will assist in achieving many of the strategic goals set out in the Justice Plan 2023. A core goal has been making access to justice easier and equitable; by modernising and rationalising a number of administrative processes this bill does just that. Ultimately, the enactment of this legislation will contribute to our work of ensuring a safe, fair and inclusive Ireland.”

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